Microsoft has won a second victory in its Web browser patent battle with Eolas Technologies. This week, the US Patent and Trademark Office (USPTO) rejected a second set of claims from Eolas, which said that Microsoft (and, potentially, every company that makes a Web browser) infringed on its Web browser patent.
Although the details are still scarce, in this second "office action," as the agency calls its decision, the USPTO rejected all 10 claims Eolas made about its Web browser patent. Microsoft was quick to praise the agency's action. "Today's action is another step in the USPTO's reconsideration of the Eolas patent," a Microsoft spokesperson said. "We've maintained all along that, when scrutinized closely, the Eolas patent would be ruled invalid."
The decision is the second time that the USPTO has shot down Eolas (the first time was in February), and the agency will soon issue an office action on a third claim. If the USPTO also denies that claim, as expected, Eolas will likely lose its browser patent and be forced to give up the legal battle against Microsoft. Earlier, a jury awarded Eolas $565 million in a patent-infringement decision against the software giant. Microsoft appealed, however, arguing--correctly, it now seems--that the Eolas patent was bogus.